Is the property collection and maintenance fund illegal?

Legal analysis: illegal. The provisions on the payment of the house maintenance fund are as follows: the owner shall pay the house maintenance fund before the house is delivered. The first phase of housing special maintenance funds, the owners can be directly deposited in the housing special maintenance fund account, can also be entrusted to the real estate development enterprises to pay. Entrusted by a real estate development enterprise, the real estate development enterprise shall, within 30 days from the date of receiving the housing maintenance fund, deposit the housing special maintenance fund into the housing special maintenance fund account.

Legal basis: Measures for the Administration of Residential Special Maintenance Funds

Thirteenth not according to the provisions of the deposit of the first residential special maintenance funds, development and construction units or public housing units shall not be delivered to the buyer.

Article 14 The special account management bank and the house selling unit that collects special maintenance funds for houses shall issue special bills for special maintenance funds for houses under the unified supervision of the Ministry of Finance or the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Fifteenth after the establishment of the owners' congress, it shall transfer the residential special maintenance funds deposited by the owners in accordance with the following provisions:

(a) the owners' congress shall entrust a local commercial bank as the special account management bank for residential special maintenance funds within the property management area, and open a special account for residential special maintenance funds in the special account management bank.

To open a special account for residential maintenance funds, an account shall be set up based on the property management area, and a sub-account shall be set up according to the house number.

(two) the owners' committee shall notify the local municipal and county people's government departments in charge of construction (real estate) and the departments in charge of sold public housing, and notify the management department of special maintenance funds for public housing.

(3) The competent department of construction (real estate) of the people's government of a municipality directly under the central government, city or county or the department responsible for managing the special maintenance fund for public housing shall, within 30 days from the date of receiving the notice, notify the special account management bank to transfer the book balance of the special maintenance fund for housing deposited by the owners within the property management area to the special maintenance fund account for housing opened by the owners' meeting, and hand over the relevant accounts to the owners' committee.